These quick updates were provided to PPAI’s Product Responsibility Action Group during its January 2026 meeting by Karolyn Helda, QIMA:

U.S. Food & Drug Administration

Asbestos Testing

In November, FDA withdrew a proposed rule for standardized testing methods for detecting and identifying asbestos. The establishment of this rule was required under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA).

The proposed rule included testing talc prior to using it in a cosmetic and keeping records to demonstrate compliance. Comments received warrant further assessment:

  • The proposed transmission electron microscopy testing method is not sufficiently sensitive and would result in false positives
  • The FDA’s definition of “asbestos” was too broad and should align with the definition used by other federal agencies such as EPA and OSHA, which are limited to six specific categories of asbestos, each of which has its own prescribed chemical identity.


Sunscreen Ingredients

In December, FDA proposed adding bemotrizinol as a permitted active ingredient for use in sunscreens. Data reviewed by the FDA showed bemotrizinol provides protection against both ultraviolet A and B rays, has low levels of absorption through the skin into the body and rarely causes skin irritation.

  • This ingredient is already widely used in EU since 2000, Australia since 2004 and in Asia for years.
  • Currently the FDA only recognizes two sunscreen active ingredients as Generally Recognized As Safe and Effective: the mineral sunscreens zinc oxide and titanium dioxide.
  • Common chemical filters like oxybenzone and avobenzone are currently available for use in products but are undergoing safety review.


PFAS In Cosmetics

FDA released a report (required under MoCRA) on PFAS in cosmetics on December 29, 2025:

  • Based on data submitted to the FDA via mandatory cosmetic product listings, 51 PFAS are used in 1,744 cosmetic formulations.
  • FDA evaluated the 25 most frequently used PFAS and found that “toxicological data for a majority of these PFAS are incomplete or unavailable.”
  • Gaps in data preclude definitive safety determination. Further monitoring is expected.


U.S. Consumer Product Safety Commission

Water Bead Rule Finalized

CPSC published its final rule on water bead toys on December 12, 2025. The rule will be applied directly into 16 CFR 1250, effective March 12, 2026.

  • The rule applies to “water bead toys” as well as “toys that contain water beads,” which includes toys with internal water bead components, such as squeeze or squishy balls.
  • Key elements of the final rule include a new definition of “water bead,” a maximum hydrated water bead diameter of 5mm, revised warning requirements and an acrylamide testing requirement.


RELATED: CPSC Approves New Safety Standard For Water Beads

U.S. States

Washington

The state’s Safer Products Restrictions and Reporting statute was amended in November 2025, restricting intentionally added PFAS in apparel, accessories and more; and requiring PFAS reporting for multiple product categories.

  • Prohibitions in apparel and accessories take effect January 1, 2027.
  • First reports due January 31, 2027.


RELATED: Catch Up On Current State Laws Regulating PFAS Chemicals

California

In December, the California Office of Environmental Health Hazard Assessment listed bisphenol S for developmental toxicity. This does not functionally change the requirements, however, since BPS has been listed since December 2023 as a reproductive toxin.

OEHHA also published a letter later in the month addressing exposures to vinyl acetate from consumer products.

  • The Prop 65 warning requirement for vinyl acetate took effect earlier this month, on January 3.


ICYMI: Vinyl Acetate Added To Prop 65: What Promo Firms Need To Know

The recent letter clarifies that the listing is for the vinyl acetate monomer only, which is uncommon in consumer products. However, residual unreacted monomer may be present in some products made with vinyl acetate polymers and copolymers.

Canada

Health Canada opened a consultation in December on a proposed regulatory initiative to introduce mandatory requirements for lithium-ion batteries and consumer products containing lithium-ion batteries under the Canada Consumer Product Safety Act.

  • Options are being considered for specifying performance criteria that reduce the risks posed by lithium-ion batteries that are consumer products or components of consumer products, including mandatory third-party certification or the incorporation of safety standards by reference in regulations.


The comment period is open until February 14, 2026.

Europe

The European Union published an updated Toy Safety Regulation – (EU) 2025/2509 – in December, repealing Directive 2009/48/EC. This regulation entered into force on January 1. Key provisions include:

  • Expands existing prohibition of carcinogenic and mutagenic substances to include endocrine disruptors, respiratory and skin irritants (fragrance allergens), bisphenols and PFAS. 
  • Provides specific rules for safety assessment. 
  • Requires Digital Product Passports before placing a toy on the market.
  • Online marketplaces must provide compliant product information and conform to the General Product Safety Regulation. 


Future deadlines:

  • January 1, 2027: The European Commission is expected to issue technical details and implementation guidance for the Digital Product Passport.
  • February 2, 2027: The European Chemicals Agency (ECHA) must provide format for substance assessments.
  • August 1, 2030: Full application of regulation and repeal of earlier Toy Directive.


The EU also updated its Regulation (EU) 2019/1021 On Persistent Organic Pollutants:

  • October 28, 2025: New limits for PBDEs (brominated flame retardants).
  • November 2025: Consultations to add chlorpyrifos, MCCPs (medium-chain chlorinated paraffins) and LC-PFCAs (long-chain perfluorocarboxylic acids).